SCOTUS ping!
October 2024 term will be here before you know it. The cases heard in October through April will be the ones we will be awaiting decisions on in May and June of next year (although opinions on the more simple cases may be issued earlier).
Just another attempt for the DemocRats to do an end run around the the law and Constitution using the administrative state.
How about the “assault” weapon ban SCOTUS?
Paging Mr. Bruen. Mr. Bruen please pick up a white courtesy telephone.
they create a bureaucrappy and then let it run amok making up whatever damned “laws” it wants
it is
1. taxation without representation and thus, tyranny
2. unconstitutional way to operate a government
3. actually an almost-very-bad way to run a government (with some horrible outcomes)
4. here, direct deprivation of Constitutionally-recognized (and supposedly protected) individual liberties
5. breeds all sorts of distrust (and disgust) of government
It should not be hard to find historical examples of American individuals making their own firearms even back to the founding.
This case and others like it are why PoopyPants Biden, Fauxcahontas and the rest of the Dims are shrieking about changing the composition of the SCOTUS. They are losing in matters of constitutional law, so need to stack the deck.
Trees, rope and the will to use them are the answer.
Some of you don’t get out enough.
The question IS NOT whether individuals have the right to manufacture their own firearms, the question is whether they can do so without affixing a unique serial number to each arm.
The chief cause of this is the sale of the 80% AR15 lowers. Common sense dictates that if you back-step through the manufacturing process for a lower receiver, at some point it ceases being a firearm component and reverts to being just a block of aluminum. Or polymer plastic.
Once upon a time, the ATF agreed with that concept, and they arbitrarily put the line of demarcation at 80% completion. And that was okay, for a while.
The argy-bargy started when the biggest seller of the 80% lowers began selling complete kits, an 80% lower and all the AR parts you’d need, lock stock and soon-to-be smoking barrel, along with the 80% lower, and jigs and drill bits with which to finish it.
For OBiden’s ATF, that was functionally indistinguishable from selling a complete and functional firearm without a Form 4473 and an NICS check, so they invented a new law requiring 80% lowers to be regulated as firearms.
A North Texas federal judge ruled that that was unconstitutional, so the hoplophobes appealed to the 5th Circuit. 5th Circuit held that the lower court ruling was correct and upheld the injunction. Then the hoplophobes made an emergency appeal to SCOTUS and SCOTUS stayed the 5th Circuit’s ruling until it could consider the case in detail.
SCOTUS gave no reason for the stay, which isn’t uncommon with emergency appeals, but the vote to take up the case was 5-4, right down party lines with Justices Thomas, Alito, Gorsuch Kavanaugh on the short end of the stick.
So unless Roberts can be swayed that the ATF was overstepping its bounds (and this primarily will come down to its failure to follow the federal Administrative Procedures Act, 5 U.S.C. §§ 551–559), this one could be a squeaker.
The hoplophobes are arguing, in brief, that “ghost guns” are a major contribution to gun crime. Which first of all isn’t true. Unserialized guns are only a small percentage of those used in gun crimes. And second, the vast majority of the unserialized guns are ones that have had their serial numbers ground off, as opposed to home-made firearms that never have had a serial number. So the whole mess is nothing but a tempest in a teapot.